Ex Parte Terex USA, LLC (in Re: Cowin Equipment Company, Inc. v. Terex USA, LLC)

Summary

The Alabama Supreme Court denied Terex USA, LLC’s petition for a writ of mandamus seeking enforcement of an outbound forum‑selection clause and dismissal of Cowin Equipment’s suit. The Court held that the clause is unenforceable because the Alabama Heavy Equipment Dealer Act (AHEDA) expresses a strong public policy protecting dealers’ right to sue in Alabama, and Terex therefore lacked a clear legal right to the relief sought.